Executive Order 158 FAQs

Governor Roy Cooper signed Executive Order 158 to implement fair chance policies at state agencies to increase employment opportunities for people with criminal records.

1. Can an agency ask me for permission to conduct a background check for a position to which I have applied?
   Yes, state agencies may request your permission to conduct a background check; however, such background checks or inquiries into an applicant’s criminal history are prohibited until after the completion of an initial job interview. Also, state employment decisions cannot be based on the criminal history of an individual unless that criminal history is demonstrably job-related and consistent with business necessity associated with the position, or if state or federal law prohibits hiring an individual with certain criminal convictions for a particular position.
    
2. Will I be able to see the results of my background check?
   Yes, unless prohibited by state or federal law, if a State Agency obtains a copy of your criminal record during a background check, the State Agency will provide you with a copy of your criminal background check and a copy of “A Summary of Your Rights Under Fair Credit Reporting Act."
    
3. Will I be allowed a chance to explain the circumstances surrounding a relevant conviction?
   Yes, State agencies will allow an applicant with a criminal record a reasonable opportunity to explain the circumstances surrounding their relevant conviction(s) and provide any proof of rehabilitation, including a certificate of relief.